tag:www.eleylawfirm.com,2013-03-21:/blog/76212015-02-25T23:19:34ZMovable Type Enterprisetag:www.eleylawfirm.com,2015:/blog//7621.14665862015-02-25T23:20:34Z2015-02-25T23:19:34Z
Colorado fans of the reality television show "COPS" already know that a film crew follows law enforcement officers from different parts of the country while they answer real calls. Since officers are dealing with live, unscripted situations, that crew is routinely put in harm's way right along with the officers with whom they ride. One film crew shooting footage last summer suffered a tragedy when a sound technician was fatally injured at work.

The officers the crew was riding with responded to a Wendy's fast food restaurant where an armed robbery was in progress. The would-be robber pointed and fired what later turned out to be an air-pistol at the officers. When police fired back, the sound technician was caught in the cross-fire and hit by a bullet. Emergency personnel rushed him to an area hospital, but he later died.

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It was confirmed that the "COPS" crew member was wearing a bullet proof vest as he rode with police officers in Omaha that day in August. Recently, the Occupational Safety and Health Administration issued its report, indicating that more training is needed to ensure the safety of Langley Productions' employees. The production company has until March 31 to respond to a "Hazard Alert Letter" wherein OSHA outlined six recommendations to improve the safety of its employees. No citations were issued, and no fines were recommended.

Langley Productions says it will do what it can to further decrease the possibility of another employee being injured at work. Even so, like employees in any industry, no guarantee exists that an accident will not happen. Those employees who are injured have the same right to workers' compensation benefits as workers here in Colorado. Further, the family of a fatally injured employee is typically entitled to death benefits through the compensation insurance program.

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tag:www.eleylawfirm.com,2015:/blog//7621.14573142015-02-16T15:48:08Z2015-02-16T15:47:08Z
Losing a loved one in a work-related accident affects every aspect of the lives of surviving family members. Even as a Colorado family grieves for their loss, their minds may turn to the financial impact of his or her death. Fortunately, death benefits may be available from the state's workers' compensation system, which may include a compensation package for the loss of the deceased worker's income and money to help with the burial and funeral.

An out-of-state man's family may have already applied for such benefits after he was killed by a piece of machinery in the factory where he worked. An investigation conducted by the Occupational Safety and Health Administration revealed that the machine was set to automatic by a supervisor since it was not in use while the employees who worked with it were at lunch. Not knowing the machine was not in "locked out" mode, the victim reached into the press to retrieve some aluminum parts that had not been processed.

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The machine then automatically began a cycle, and the victim was crushed. The Ohio company has been cited with six violations designated as serious by OSHA. The investigation indicated that employees were not properly trained on lockout/tagout procedures, and machine guards were not installed to prevent employees from being exposed to moving parts while in operation.

The completion of the OSHA investigation comes too late to save the life of the victim. His family may never be the same without him. However, receiving death benefits similar to those offered by the Colorado workers' compensation system to grieving families may help with the financial impact of his death.

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tag:www.eleylawfirm.com,2015:/blog//7621.14474762015-02-08T14:35:20Z2015-02-08T14:34:20Z
Colorado may be about half way through the winter months, but there will be plenty more cold days before Spring. For anyone who works outside, the cold is more than just an inconvenience -- it is a serious hazard. Companies need to take additional precautions in cold weather in order to prevent injured workers.

Hypothermia, trench foot and frostbite are the three most common cold-related conditions outdoor workers can contract. Hypothermia can occur when a worker's body temperature falls below 95 degrees Fahrenheit. If a worker's feet are consistently wet and cold, he or she can develop trench foot. Frostbite occurs when skin and tissue freeze -- often in extremely cold conditions.

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Employers are responsible for training managers, supervisors and employees to recognize the signs and symptoms of these cold-related illnesses. Knowing what to do when those signs and symptoms appear is also crucial since time is of the essence in order to eliminate, or at least limit, any potential injuries, illnesses or even deaths. Moreover, employers need to provide workers with the opportunity to take breaks in order to get warm. Beverages that are warm and sweet can help keep employees internal body temperatures up as well.

Anyone who has lived in Colorado long enough understands the need to stay warm during the winter. Many residents opt to go out in the winter elements for short spurts in order to avoid these cold-related issues. However, some workers are not afforded the option of staying indoors.

Even if precautions are taken, some workers may still suffer as a result of being in the winter elements. Injured workers are entitled to workers' compensation benefits to cover medical expenses, related costs and an income package for time missed from work while recovering. Further, if recovery will ultimately prevent the employee from returning to work, additional benefits may be available to cover lost income and other needs. Help may be needed in order to ensure that all of the benefits to which a worker may be entitled are secured.

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tag:www.eleylawfirm.com,2015:/blog//7621.14456642015-02-06T03:36:28Z2015-02-06T03:35:28Z
Not only doctors, but nurses and other staff who have direct contact with patients are at risk of contracting a serious or deadly illness. Hospital staff members who are tasked with cleaning rooms and doing the laundry are sometimes at greater risk of becoming injured at work. Most Colorado medical facilities ensure that safety measures are in place to reduce the risk of staff contracting a disease or illness under these circumstances, but not every medical facility does.

One hospital on the East Coast is currently facing fines from the Occupational Safety and Health Administration because its safety practices are woefully inadequate. The hospital reportedly changed from linen laundry bags to plastic ones that often break. When that happens, staff members are required to gather the bag contents and put them into a new bag.

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Workers are exposed to any number of contagions when they are exposed to soiled clothes and linens. At this particular hospital in New York, workers are not even provided with safety gear to keep them from touching potentially hazardous materials with their bare hands. Moreover, they are breathing in airborne particles that were trapped in the bag before it broke.

Laundry workers filed a complaint with OSHA when their concerns were ignored by the hospital. OSHA's investigation revealed that management personnel were aware of the issue but did nothing. Further, the hospital's protocols regarding blood-borne pathogens were not up to current standards for any personnel -- not just the laundry workers.

Colorado workers may understand the need to keep costs down, but not at the expense of their health. Every industry has some hazard that could lead to someone being injured at work, which is why there are rules, regulations and laws to help prevent accidents. When an accident occurs, however, employees may be able to obtain workers' compensation benefits to cover the cost of medical care and loss of income while recovering. Depending on the circumstances, additional benefits may be available as well.

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tag:www.eleylawfirm.com,2015:/blog//7621.14301452015-01-26T20:01:39Z2015-01-26T20:00:40Z
Every Colorado employee deserves a workplace free from dangerous conditions. It is the employer's responsibility to provide such a workplace. The Occupational Safety and Health Administration (OSHA), a federal agency, sets out rules and regulations designed to prevent injured workers in every industry.

Employers across the nation -- and here in Colorado -- in every industry are required to meet certain safety standards set forth by OSHA. Companies create policies and procedures regarding safety practices unique to their industries. Workers are then to be trained regarding the proper procedures and provided safety equipment needed to increase the likelihood of not being injured. All equipment and tools used by workers are to be periodically inspected and properly maintained.

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For instance, a company that works with hazardous chemicals is required to train employees on how to safely handle and be around them. The facility where the business is conducted must provide proper ventilation. Workers are to be provided the appropriate safety equipment such as respirators, in order to prevent inhalation that could cause serious injury or death. This is just one small example of the steps employers are to take in order to safeguard their employees. Unfortunately, even when a company is diligent and takes the safety of its workers seriously, accidents can occur.

Injured workers are then able to apply for workers' compensation benefits designed to help with the financial impact of an injury. Medical expenses and other expenses related to recovery are available. If an individual is looking at a lengthy recovery, he or she may be able to obtain benefits to make up for the loss of income. If an injury causes permanent damage, additional benefits, including a compensation package for lost income, may be obtainable. Benefits may also be available for families that lose loved ones in work-related accidents.

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tag:www.eleylawfirm.com,2015:/blog//7621.14267432015-01-23T14:58:54Z2015-01-23T14:57:54Z
Colorado workers leave their families to go to work with the expectation of going home to them at the end of the workday. Sometimes, however, workplace accidents prevent that from happening. For example, a father, grandfather and friend is being mourned by his community. Recently, he suffered injuries in an on-the-job accident. Despite receiving medical treatment, he succumbed to those injuries.

The victim was a maintenance worker who could reportedly fix anything. He was at work installing light fixtures when the accident occurred. He stood on an aerial platform suspended between 20 and 30 feet off the ground when a piece of equipment struck the platform. The impact caused the man to fall off the platform. Someone who worked with him for years knew him to be meticulous about using safety equipment and now questions what could have caused the victim to fall.

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The Georgia man was taken to an area hospital. Despite the efforts of medical personnel, he died the day after the accident. The coroner is awaiting test results in order to finalize the autopsy. In the meantime, the Occupational Safety and Health Administration was called in to conduct an investigation into the incident.

The victim's family is not only grieving his loss but may also be wondering how they will manage without his income. This is the same concern many Colorado families experience when they lose a loved one to a workplace accident. The costs associated with medical treatment prior to death, burial and funeral costs and other financial losses can be of great concern to a grieving family. Fortunately, workers' compensation benefits may be available to cover these costs, plus a compensation package for the income the family lost.

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tag:www.eleylawfirm.com,2015:/blog//7621.14127192015-01-14T20:50:59Z2015-01-14T20:49:59Z
Colorado employers are required to incorporate safety measures prescribed by law in order to protect workers from harm. If a company fails to provide at least the minimum safety equipment and training, workers can easily suffer a variety of injuries that require medical treatment and range from minor to fatal. Of course, even if a company does everything right, the potential for an accident still exists, but the likelihood is presumed to be reduced.

The Occupational Safety and Health Administration recently cited an out-of-state company for several violations that put workers in jeopardy of being injured or killed. The investigation was prompted by the death of a worker. Another employee working with him was injured but survived.

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The two were working near a reactor at MFG Chemical, Inc. in Tennessee, when it became overpressurized. It began leaking a hazardous chemical vapor. Without an adequate warning system, the employees inhaled the vapors, which burned the respiratory system of the worker who died. He was taken to a hospital in the area where medical personnel attempted to save his life, but their efforts were in vain. He ultimately died because of the injuries he suffered.

The injured worker's medical treatment was most likely covered by workers' compensation benefits, along with any lost wages he may have incurred during his recovery. The same would be true for the deceased worker during the time he was hospitalized before his death. Upon his death, his family may be able to obtain death benefits similar to those available to Colorado families, which are designed to compensate them for the loss of his income and to help with the cost of his burial.

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tag:www.eleylawfirm.com,2015:/blog//7621.14063642015-01-09T04:44:22Z2015-01-09T04:43:22Z
Of all the hazards facing construction workers here in Colorado and around the country, falling is often touted as being one of the most common dangers that leads to injury or death. Sometimes, when work is being done at an existing business, the business' employees could be victims of the same hazards. For example, five people on the West Coast recently plunged 20 feet at a construction site at a casino. Reports do not indicate whether the injured workers were construction company employees or casino employees.

The casino is undergoing renovations. At approximately 3:15 p.m., local firefighters were called to the scene. They found five people who had suffered a wide variety of injuries, which ranged from minor to moderate. All of them were taken to area hospitals for treatment. Few details regarding the circumstances that led to the accident are currently available, along with the identity of the victims.

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The workers' compensation system in California -- where the accident took place -- should cover the medical expenses of the five injured workers. If it becomes necessary for any of them to be out of work while under a doctor's care, additional benefits such as temporary disability may be available. Even a moderate injury can affect whether a worker is able to perform the duties of his or her job, and sometimes temporary disability may become permanent.

As is the case here in Colorado, these are not necessarily the only benefits the more seriously injured workers may receive. To be sure that an employee receives all of the benefits to which he or she is entitled, it may be beneficial to consult with someone familiar with how the workers' compensation system works. Otherwise, the process could prove frustrating and time-consuming, which could affect not only a person's finances, but his or her recovery as well.

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tag:www.eleylawfirm.com,2014:/blog//7621.13901642014-12-28T13:52:11Z2014-12-28T13:51:11Z
Colorado industrial workers may have heard about a carbon monoxide leak at a facility in a nearby state that sent 19 people to the hospital. They all required medical treatment for exposure to the toxic gas, which entails giving them 100 percent oxygen. As the workers recover, the Occupational Safety and Health Administration will conduct an investigation into the source of the workers' exposure.

The investigation will determine whether all of the equipment was properly maintained and inspected at regular intervals. It will also focus on the 19 individuals who were exposed. An OSHA representative indicated that carbon monoxide exposure generally occurs when equipment powered by propane is used in an enclosed area without proper ventilation. Investigators have six months to issue a report.

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The North Dakota company could receive citations from OSHA, along with fines, depending on what is found. Carbon monoxide is often dubbed the "silent killer," and repeated exposure can cause severe nausea and headaches much as a concussion would. The CO replaces the oxygen in a person's body. Normal oxygen levels are compromised which could lead to serious damage and even death if left unchecked.

Industrial workers in Colorado are often exposed to chemicals and gases such as carbon monoxide. Any indication that working around hazardous substances are putting their health at risk should be investigated. Medical treatment is often covered by workers' compensation benefits, so there is typically no cost to the worker for any treatment related to a work-related illness or injury. Moreover, additional benefits may be available depending on the circumstances.

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tag:www.eleylawfirm.com,2014:/blog//7621.13879732014-12-23T21:19:38Z2014-12-23T21:18:38Z
It is not just Colorado industrial workers who spend their days near large, dangerous equipment that have to worry about being injured. Those with seemingly safe jobs in comparison also face hazards every day. For instance, a man doing some cleaning outside a meat processing plant in another state was fatally injured at work.

It was after dark, and a car hit him with enough force to cause his death. When the Occupational Safety and Health Administration conducted its investigation into the tragedy, it determined that the worker had not been given high-visibility clothing to wear. Such protective gear is required for employees who work in low lit areas where moving vehicles are commonplace.

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At the same time, OSHA conducted an inspection of the entire plant and discovered that employees inside the plant were also at risk of amputation and chemical exposure. Rotating industrial machine parts were not guarded, and Surlean Foods' San Antonio plant -- where the worker died -- did not have written chemical exposure protocols in place. The company was cited for amputation risk, among other issues. The company has 15 days from the issuance of the citations for the nine violations found by OSHA to comply and pay the $52,000 in fines, request a conference or contest the findings.

Sadly, the findings of the OSHA investigation come too late for the deceased worker. However, other employees could be spared the pain of being injured at work if the needed changes are made. Meanwhile, the family who lost their love one may exercise their right to seek death benefits through the workers' compensation system that are similar to those available here in Colorado.

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tag:www.eleylawfirm.com,2014:/blog//7621.13771982014-12-17T00:55:41Z2014-12-17T00:54:41Z
One of the duties of investigators with the Occupational Safety and Health Administration (OSHA) is to conduct an investigation after a workplace fatality. OSHA generally has up to six months to determine whether citations need to be issued and fines need to be assessed against the company where the worker died. One such investigation was recently completed at Colorado-based meatpacking company, JBS USA, after a worker was fatally injured at work.

Reports indicate that, on June 10, 2014, a 54-year-old maintenance technician was working near a conveyor belt that was not properly guarded. Somehow, the technician's hair became entangled in the belt, which caused him to be dragged into the machinery. He ultimately died as a result of the injuries he suffered.

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OSHA determined that the company failed to take the appropriate safety measures to ensure that no one near the machinery would suffer any injuries. This is not the first time the company has been cited and fined for the same issue. JBS USA was found to be at fault for the death of the maintenance technician. The company has 15 days to either take corrective action or ask for a hearing regarding the citations and fines.

Any measures taken by the company to improve safety for its workers come too late for the man killed in June. Since the accident, the family of the worker fatally injured at work is most likely attempting to adjust to life without him. Colorado workers' compensation benefits may be available to the family to help alleviate the financial losses incurred as a result of his death.

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tag:www.eleylawfirm.com,2014:/blog//7621.13665222014-12-08T11:38:29Z2014-12-08T11:37:29Z
The Western Sugar Cooperative is based in Denver, but is a cooperative with members in four states. Since 2008, employees with the Occupational Safety and Health Administration (OSHA) have conducted approximately 16 inspections of some of the company's locations and found 30 violations. When a worker was fatally injured at work in one of the company's processing plants, an investigation revealed 12 violations, which resulted in citations being issued and fines in the amount of $44,500, which the company reportedly agreed to pay.

The accident occurred in Jan. 2014. There was reportedly a floor panel left out of place through which a 28-year-old woman fell. She suffered fatal injuries when she fell through the open grate in the floor into some equipment used in beet processing.

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As it turns out, none of the inspections conducted at the Wyoming locations were at the Lovell plant, which is where this accident took place. Apparently, Wyoming has a high rate of work-related fatalities when compared to national averages. For example, in 2012, out of every 100,000 workers, there were 12.2 fatalities.

In response to the recent death, Denver's Western Sugar agreed to conduct safety training with all of its workers and conduct its own safety inspections. The results of those inspections will be submitted to state officials periodically. Unfortunately, this all comes too late for the woman who was fatally injured at work. Her family has still lost a loved one. The workers' compensation benefits to which they may be entitled will not bring her back, but they may help with the financial impact of her death.

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tag:www.eleylawfirm.com,2014:/blog//7621.13612952014-12-03T15:51:33Z2014-12-03T15:50:33Z
Now that the weather has turned colder, workers and their employers may need to prepare for it. Anyone who works outdoors knows that the Colorado winters can be harsh. Cold temperatures, snow and wind can create a perfect storm of slippery roads and frigid working conditions. According to the Occupational Safety and Health Administration, taking the appropriate precautions to prevent injured workers is necessary.

The main enemy for outdoor workers in the winter is cold stress. This occurs when skin temperature drops, which can lead to a worker's internal body temperature dropping to dangerous levels. This leads to conditions such as hypothermia, trench foot and frostbite. Aside from more permanent damage and death, a worker can contract any number of illnesses associated with the cold.

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Even though OSHA does not have specific regulations for employers to follow, the agency will still hold employers responsible for ensuring the safety of their workers. Workers need to be trained in recognizing hazardous climate conditions and the symptoms of cold stress as early as possible. Choosing the proper clothing for winter weather is also critical.

Employers should also monitor weather conditions and workers. Warm areas with heaters and beverages should also be supplied for workers. Breaks should be provided in order to keep workers warm. Working in pairs and scheduling projects during the warmest hours of the day could also help keep workers from suffering injuries and illnesses due to the cold weather.

Injured workers can receive benefits from the Colorado workers' compensation system to cover their medical expenses and any expenses related to their recovery. In addition, partial or permanent disability benefits may also be available. Other benefits may be available if a worker is no longer able to perform the duties he or she was responsible for when the injury occurred. If a worker dies, his or her family may also apply for workers' compensation benefits to cover funeral and burial costs and a compensation package for the loss of their loved one's income.

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tag:www.eleylawfirm.com,2014:/blog//7621.13520512014-11-24T17:25:02Z2014-11-24T17:24:02Z
As would be the case anywhere else in the country, Colorado companies are required to provide their employees with a safe work environment. This includes providing safety equipment and training on how to use it properly. Otherwise, an employer could be seriously or fatally injured at work.

Recently, the Occupational Safety and Health Administration began an investigation into the death of an out-of-state man who fell several feet while working. The victim was installing insulation on some equipment from a height of approximately 20 feet. It appears that he was wearing the required safety harness, but it has not yet been determined whether the victim was wearing it properly.

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Another worker found the man on the floor, but it is unknown whether any other workers at the Wisconsin paper mill witnessed the fall. Attempts were made to resuscitate the man, but his injuries were too severe, and he was pronounced dead at the scene. OSHA's investigation can take up to six months.

OSHA investigates every work-related death, whether it is here in Colorado or elsewhere. Investigators with the federal agency review a company's safety records and talk to people in the company -- employees, managers and supervisors -- to determine what happened and whether any safety protocols were ignored or violated. The facility where the death took place is inspected, including all equipment and working conditions.

While the investigation into this man's death is being conducted, his family will undoubtedly be adjusting to life without him. This includes the loss of his income and the expenses associated with his funeral. Fortunately, workers' compensation benefits are available for anyone injured at work and for their families in the case of death.

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tag:www.eleylawfirm.com,2014:/blog//7621.13446442014-11-19T00:15:49Z2014-11-19T00:14:49Z
Numerous states, including Colorado, are involved in "fracking," which is a procedure for harvesting oil and gas that is considered highly controversial. A recent accident at one such site approximately 30 miles north of Denver resulted in three injured workers. Two of them survived, but one worker's injuries were fatal, and he or she died at the scene. One of the surviving individuals required surgery for the injuries he or she suffered.

Fracking involves water and chemicals that are mixed with sand and gravel. The resulting mixture is injected into a well with high amounts of pressure. The process is designed to break open rock formations beneath the surface. It is controversial because it may cause earthquakes and the leaching of chemicals into the water supply.

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The recent accident occurred when the three men were attempting to warm a pipe that had frozen. The pipe burst, killing one worker at the scene and sending the other two to hospitals in the area. The men were employees of Halliburton, which contracts with Anadarko Petroleum Corp., working the grounds of the Fort Lupton site. A Halliburton spokesperson reports that the company is working with officials in the investigation of this tragedy.

Meanwhile, the family of the deceased worker and the two injured workers may be struggling emotionally, physically and financially with what happened. The Colorado workers' compensation system may not be able to help with the first of those two struggles, but it can help with the financial impact of the accident. Benefits may be available for both the family of the deceased victim and the two workers who survived.